United States v. Charles

• Decision Date: 22 April 2020
• Docket Number: CIVIL ACTION NO. 18-11535-WGY
• Citation: 456 F.Supp.3d 268
• Parties: UNITED STATES of America, Plaintiff, v. Myrlene CHARLES, Defendant.
• Court: U.S. District Court — District of Massachusetts

456 F.Supp.3d 268

UNITED STATES of America, Plaintiff,

v.Myrlene CHARLES, Defendant.

CIVIL ACTION NO. 18-11535-WGY

United States District Court, D. Massachusetts.

Filed April 22, 2020

Danielle K.S. Lindermuth, United States Department of Justice Office of Immigration Litigation, Kathleen A. Connolly, Steven Platt, U.S. Department of Justice, Civil Division, Office of Immigration, Washington, DC, Annapurna Balakrishna, U.S. Attorney's Office, Boston, MA, for Plaintiff.

Susan B. Church, Demissie & Church, Cambridge, MA, for Defendant.

FINDINGS OF FACT, RULINGS OF LAW, AND ORDER FOR JUDGMENT

YOUNG, D.J.

I. INTRODUCTION

I have been an active United States District Judge for 35 years, yet I have never before handled a denaturalization case. The Department of Justice is launching a new section for denaturalization cases, placing at the forefront cases of terrorists, war criminals, sex offenders, and also "other fraudsters" (the first out of two examples provided for fraud cases was a conspiracy to defraud a bank of millions of dollars). The spirit of the new section, as was expressed by Assistant Attorney General Jody Hunt, is to prosecute the most serious criminals: "When a terrorist or sex offender becomes a U.S. citizen under false pretenses, it is an affront to our system -- and it is especially offensive to those who fall victim to these criminals." See Press Release, U.S. Dep't of Justice, The Department of Justice Creates Section Dedicated to Denaturalization Cases (Feb. 26, 2020), https://www.justice.gov/opa/pr/department-justice-creates-section-dedicated-denaturalization-cases; Katie Benner, Justice Dept. Establishes Office to Denaturalize Immigrants, N.Y. Times (Feb. 27, 2020), https://www.nytimes.com/2020/02/26/us/politics/denaturalization-immigrants-justice-department.html. Is this such a case?

On July 23, 2018, the United States of America ("the government") commenced this action, seeking to revoke the citizenship of Myrlene Charles ("Charles"), who was granted lawful permanent residence status ("LPR") in 1998 and was naturalized in 2005. See generally Prelim. Statement Case ("Compl."), ECF No. 1; see also Trial Ex. 9, Form I-485 Appl. Register Permanent Residence; Trial Ex. 10, Form N-400 Appl. Naturalization; Trial Tr. Excerpt (Jan. 7, 2020) ("Trial Tr.") 28, 37, ECF No. 62.

The action turns upon Charles's alleged ineligibility for LPR (count 2) and commission of fraud or willful misrepresentation during the adjustment of status and naturalization (counts 1 and 3). Compl. ¶¶ 87-110. On September 20, 2018, Charles filed an answer and an affirmative defense. Answer, ECF No. 5.

On August 1, 2019, the government moved to deem requests for admission admitted and for an order drawing adverse inferences from Charles's invocation of the Fifth Amendment. Pl.’s Mot. Deem Reqs. Admis., ECF No. 28; Pl.’s Mem. Supp. Mot. Deem Reqs. Admis., Ex. A, Pl.’s First Set Req. Admis. ("Admissions"), ECF No. 29-1. The Court granted the government's motion to deem its first set of requests for admission admitted as Charles failed timely to answer. Electronic Clerk's Notes, ECF No. 60. As for the motion to draw adverse inferences from Charles's assertion of the privilege against self-incrimination, the Court allowed the parties the opportunity to argue the matter during the bench trial, and now renders its decision below.

On September 4, 2019, the government moved for summary judgment, which was denied. Pl.’s Mot. Summ. J., ECF No. 31; Pl.’s Mem. Supp. Mot. Summ. J., ECF No. 32; Pl.’s Statement Material Facts ("Pl.’s SOF"), ECF No. 33; Def.’s Opp'n, ECF No. 38; Pl.’s Reply, ECF No. 39; Electronic Clerk's Notes, ECF No. 44.

During a two-day bench trial on January 7 and 14, 2020, the Court heard testimony from Michael Spaniol; Thomas L. Liszkiewicz, a fingerprinting expert; Mirella Tiberi ("Tiberi"), a senior official with the U.S. Citizenship and Immigration Services ("USCIS");¹ and Alcena Charlemont ("Charlemont"), Charles's ex-husband. Electronic Clerk's Notes, ECF No. 60; see Trial Ex. 12, Expert Witness Report Thomas L. Liszkiewicz; Trial Tr. 5-6, 111-13. After the government rested, Charles submitted a packet of USCIS regulations, manuals, administrative decisions, and answers to frequent questions, of which the Court took judicial notice. Def.’s Closing Docs., ECF No. 64. Having heard final arguments on the merits, this Court now makes the following findings of fact and ruling of law.

II. FINDINGS OF FACT²

A. Charles's Entry to the United States

On June 20, 1990, Charles arrived at Miami International Airport. Admissions, No. 1; Trial Ex. 2, Form I-263 Record Sworn Statement Dated June 20, 1990; Trial Tr. 10. Upon arrival, Charles presented the Immigration and Naturalization Service ("INS") officers a photo-switched³ Haitian passport with the name Mimose Delphonse and a date of birth in October 1953. Admissions, No. 2; Trial Ex. 1, Haitian Passport No. 88465749; Trial Ex. 2; Trial Ex. 3, Form I-110, Notice Appl. Admis. Detain Hr'g; Trial Ex. 4, Form I-222, Notice Appl. Admis. Detain Hr'g; Trial Tr. 10-11, 15-17. In accordance with her passport, Charles represented to immigration officials that her name was Mimose Delphonse and that she was born in October 1953 in Cayes, Haiti. Trial Ex. 2. INS recorded Charles's fingerprints on the above date. Trial. Ex. 12. As Charles was attempting to enter the country with a photo-switched passport without possessing a valid immigration visa, INS detained her and placed her into exclusion proceedings. Trial Exs. 3, 4; Trial Tr. 16-17.

While in exclusion proceedings, on August 14, 1990, Charles applied for asylum under the name Ivierta Dastino. Admissions, No. 11; Trial Ex. 5, Form I-589 Appl. Asylum Withhold Removal; Trial Tr. 19. In her asylum application, Charles admitted using both names, Ivierta Dastino and Mimose Delphonse. Trial Ex. 5. She also stated that she was born in May 1960 in Dauphin, Grande Saline, Artibonite, Haiti. Id. On September 7, 1990, an immigration hearing officer issued an order releasing Charles from INS custody and granting Charles's motion to change venue to New York, where she planned to reside. Trial Ex. 6, Order Mot. Change Venue; Trial Tr. 20. On September 24, 1992, an immigration hearing officer denied Charles's asylum application and ordered her excluded and deported. Admissions, No. 13; Trial Ex. 7, Mem. Decision Order; Trial Tr. 20-21. There is no indication that Charles left the country under either of the identities mentioned from the time the deportation order was issued until the time she applied for LPR. Pl.’s SOF ¶ 3. On her I-485 form, under the heading "Applicant's Residence Last Five Years," Charles certified that she had resided in the United States since 1990. Trial Ex. 9. Under the heading "Applicant's Last Address Outside the United States of More Than One Year," she stated "N/A." Id.

Therefore, the Court finds that Charles remained in the United States after she was ordered deported until she filed her I-485.

B. Charles's Adjustment to LPR

On March 12, 1993, a person named Antony Charles filed a Form I-130 Petition for Alien Relative ("I-130"), as a LPR seeking to have Charles classified as his unmarried daughter (classification F24), in order to grant her LPR status. Trial Ex. 8, Form I-797 Notice Action; Trial Tr. 20-21, 31-33. INS approved Antony Charles's petition in July 1993. Trial Ex. 8. On May 25, 1996, Charles married Charlemont. Admissions, No. 10; Trial Ex. 10 at 4; Trial Tr. 112-13. On September 23, 1996, Antony Charles was naturalized and became a U.S. citizen. Trial Ex. 14, Certificate Naturalization Antony Louis Charles. On December 26, 1996, Charles filed her I-485 under the name "Myrlene Charles" premised on the approved I-130. Admissions, No. 6; Trial Ex. 9. Charles stated on her I-485 that she was born in May 1960 in Port-au-Prince, Haiti. Trial Ex. 9 at 1. Charles represented that she had never been deported from the United States. Id. at 3. Moreover, Charles represented that she had never by fraud or willful misrepresentation of a material fact sought to procure entry to the United States or any other immigration benefit. Id. Charles signed her I-485 under penalty of perjury. Id. at 4. In 1997, Charles was interviewed regarding her I-485 application, where she represented that she was single and reaffirmed all her written answers on the I-485. Admissions, No. 8, 9; Trial Ex. 9; Trial Tr. 27, 44-45. On March 9, 1998, INS approved Charles's I-485 and she became a LPR. Trial Ex. 9.

C. Charles's Naturalization

On April 8, 2005, Charles applied for naturalization by filing an N-400 form ("N-400"). Trial Ex. 10; Trial Tr. 37. Charles represented in her N-400 that her name was Myrlene Charles. Trial Ex. 10 at 1. Charles also represented in her N-400 that she was born in May 1960. Id. at 2. Charles indicated her marriage to Charlemont since May 25, 1996. Id. at 4. Charles printed "N/A" next to the question of whether she ever used other names. Id. She denied being detained by INS officers for any reason, and denied ever providing false or misleading information to any U.S. government official while applying for any immigration benefit or to prevent deportation, exclusion, or removal. Id. at 8. Charles further denied ever lying to any U.S. government official to gain entry or admission into the United States. Id. In addition, Charles denied being ordered excluded or deported, and denied applying for any kind of relief from exclusion or deportation. Id. at 9.

Charles signed her N-400 under penalty of perjury. Id. at 10. On September 6, 2005, Charles was interviewed by a USCIS naturalization officer, affirming orally and under oath the contents in her N-400. Id. at 10, Trial Tr. 38. At the end of the interview, Charles signed the N-400 again in front of the officer and certified the truth of the contents under penalty of perjury. Trial Ex. 10 at 10. During the naturalization process, Charles submitted fingerprints. Trial Ex. 12. According...